$750K awarded in suit against Ridley Park Swim Club

MEDIA COURTHOUSE — A Philadelphia woman was recently awarded $750,000 by a jury in a civil suit for injuries she sustained while visiting Ridley Park Swim Club in 2010, part of a combined $1.1 million settlement and award obtained by attorney John Lord.

Maryann Dunlap, 69, of the 6500 block of Windsor street, suffered a broken hip and knee after being struck by a falling tree in the parking lot of the club on June 24, 2010, according to a complaint filed in the Delaware County Court of Common Pleas.

The dead tree was on an adjoining property, not on Swim Club grounds. Dunlap contacted attorneys at Silver, Langsam & Weitzman, who filed suit against the club and the property owner in 2012.

The claim against the owner of the adjoining property, Harper Associates, was resolved through arbitration with a $350,000 award, according to a release from the firm. The swim club did not participate in arbitration, however, and that case was put before a jury.

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Property management expert Brian O’Donel testified during a trial before Judge James F. Proud last week that organizations who invite people onto their property must ensure the safety of guests, which extends even to potential dangers off-premises. At the very least, the club should have warned visitors of any nearby dangerous conditions that might affect them, he said.

Arborist Howard Eyre also testified that the tree that had fallen on Dunlap had likely been dead for years, which could have been spotted and remedied if the club brought in an expert to inspect the trees surrounding the property.

Eyre said he believed the tree that hit Dunlap was pulled down by heavy grape vines, a danger that should have been evident even to people who are not professionals in his field.

Swim Club Board member John Cardow, who served as board president at the time of the incident, testified that he often went into the property surrounding the club’s parking lot to cut down grape vines that he recognized as a potential hazard. At least two other trees had fallen onto the swim club property over the past decade that Cardow knew about.

He said he regularly inspected trees on the adjoining property and had seen a handful over the years that appeared to be in a dangerous condition. While he knew such a tree could cause injury to visitors, Cardow said the board never hired an arborist.

Cardow disagreed with Eyre’s assertion that the tree in this case had been dead for years, however, noting he is a former landscaper and that the tree was “clearly a live tree” when he removed it.

The jury deliberated for about two hours before returning a verdict in favor of Dunlap.